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[2017] ZAGPPHC 830
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De Beer v S (CC139/2012) [2017] ZAGPPHC 830 (3 February 2017)
HIGH
COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
3
February 2017
CASE
NO: CC139/2012
NOT
REPORTABLE
NOT
OF INTEREST TO OTHER JUDGES
REVISED
In
the matter between:
EDWARD
CHARLES DE
BEER
Applicant
and
THE
STATE
Respondent
JUDGMENT
- Leave to appeal
MAKGOKA,
J
[1]
The application for leave to appeal was drafted by the applicant in
person, and as expected, it is couched in generic terms,
in respect
of both the convictions and the sentences. However, Ms
Frazer,
who represented the
applicant during the trial, argued this application on behalf of the
applicant.
[2]
The common law test in an application for leave to appeal has always
been whether there are reasonable prospects that another
court, given
the same set of facts, might arrive to a different conclusion. That
test has been codified by s 17(1)(a)(i) and(ii)
of the Superior Court
Act 10 of 2013, in terms of which leave to appeal may only be given
where a judge is of the opinion that
the appeal would have reasonable
prospect of success, or that there is some compelling reason why the
appeal should be heard.
[3]
I have had careful regard to the submissions by counsel in respect of
both issues. All the relevant factors received full treatment
in the
judgment and no purpose would be served by regurgitating them here. I
am not persuaded that another court would come to
a different
conclusion, either on the convictions and the sentences. In the
result the application for leave falls to fail.
[4]
The following order is made:
1.
The application for leave to appeal against the convictions and the
sentences in respect of counts 1 and 2 is dismissed.
T.M
Makgoka
Judge
of the High Court
APPEARANCES:
For
the Applicant: Ms. L. Frazer
Instructed
by:
Middleburg
Justice Centre
For
the Respondent: Adv. K. Germishuis
Instructed
by:
Director
of Public Prosecutions, Pretoria